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John McCain and Waterboarding: Tough on Romney, Soft on Mukasey

By Brigitte L. NacosDuring the last Republican presidential debate, Ex-Governor
Mitt Romney refused to characterize waterboarding as torture and said that as
president he would consult experts like McCain on this question. According to the
CNN
transcript of the event, this was part of the ensuing exchange between
Senator McCain and Romney :McCain: Well, governor, I'm astonished that you
haven't found out what waterboarding is.Romney: I know what waterboarding is, Senator.McCain: Then I am astonished that you would think
such a -- such a torture would be inflicted on anyone in our -- who we are held
captive and anyone could believe that that's not torture. It's in violation of
the Geneva Convention. It's in violation of existing law...And, governor, let me tell you, if we're going to get the
high ground in this world and we're going to be the America that we have cherished and
loved for more than 200 years. We're not going to torture people.We're not going to do what Pol Pot did. We're not going to
do what's being done to Burmese monks as we speak. I suggest that you talk to
retired military officers and active duty military officers like Colin Powell
and others, and how in the world anybody could think that that kind of thing
could be inflicted by Americans on people who are held in our custody is
absolutely beyond me…

This unequivocal, passionate stand would have been more convincing, if the
Senator had taken an equally forceful position vis-à-vis Michael B. Mukasey who
also claimed to be clueless about waterboarding during his appearances before
the Senate Judiciary Committee. Instead, McCain expressed repeatedly support
for Mukasey’s confirmation as Attorney-General. McCain
said at the time that he wanted Mukasey to say “that waterboarding was
torture and illegal.” Of course, Mukasey refused to say that. But it seemed
sufficient for McCain that Mukasey “said that he would get briefed on the
procedures."

In short, Mukasey and Romney said exactly the same about waterboarding and
torture and consulting experts. But whereas the Senator lectured and condemned
Romney, he had no problem endorsing Mukasey as Attorney-General. Given Senator
McCain’s moral force on this particular issue, his opposition may have affected
the course of the confirmation process. The Senator did not vote, when the
Senate confirmed Mukasey.Obviously, taking the moral high ground in defense of our values and laws
depends on the political circumstances.

By the way, Senator McCain was not the only
presidential contender missing the Mukasey confirmation vote. Senators Biden,
Clinton, Dodd, and Obama were no-shows as well. Among these five, McCain missed 53.6% of all votes in the current session of Congress, Biden 35.4%;
Dodd 34.0%; Obama 33.7%, and Clinton only 18.4%.